Principais aspectos da lei nº 11.804, de 2008: (lei de alimentos gravídicos)

Abstract

Alimony obligation among individuals from the same family tie is prescribed by the articles 1694 to 1710 of Brazilian Civil Code of 2002, and has as ground the principles of human dignity and right to life. Regarding the obligation of the probable father to provide alimony to the being that is still in the womb, although, there has been always disagreement, both in Doctrine and in Brazilian Jurisprudence. Some authors, such as Caio Mário da Silva Pereira and Silmara J. A. Chinelato e Almeida, have defended the possibility of granting alimony to the unborn one, in view of the existence of precepts, with internal and international root, that impose its life’s preservation. Law 11804, of November 5, 2008, has come with the intent to set an end on these disagreements, granting to the pregnant woman the right to require alimony from the probable father of her child. The law under discussion innovates in admitting the possibility to determine alimony with groundwork only in the existence of fatherhood evidences, and has significance in that it intends to ensure the assistance of the woman during the pregnancy time, as well as, thus ensuring healthy formation and development of the unborn.